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Scrabulous Is Dead, Hasbro's Version Brain-Dead

eldavojohn writes "Sometime this morning, Facebook shut down Scrabulous to American and Canadian users. Scrabulous, we hardly knew ye." This is sadly unsurprising, now that Hasbro's finally taken legal action against the developers, after quite a few months of letting it go unmolested. Seems like they waited until there was an official Scrabble client available (also on Facebook), while the snappy and fuller-featured Scrabulous kept people interested in a 60-year-old board game. The official client, which is at least labeled a beta, is a disappointment. This is not a Google-style beta release, note: it's slow to load, confusing, and doesn't even offer the SOWPODS word list as an option, only the Tournament Word List and a list based on the Merriam-Webster dictionary. (Too bad that SOWPODS is the word list used in most of the world's English-speaking countries.) It also took several minutes to open a game, rather than the few seconds (at most) that Scrabulous took — it's pretty impressive, but not in a good way, that the programmers could extract that sort of performance from the combination of Facebook's servers and my dual-core, 2GHz+ laptop. The new Scrabble client has doodads like 3D flipping-tile animations, too, but no clear way to actually initiate the sample game that jamie and I have attempted to start. I hope that once we get past that obvious hurdle, we'll find there's a chat interface and game notebook as in Scrabulous, but my hopes are low.

48 of 395 comments (clear)

  1. Why didn't they just buy scrablous? by 140Mandak262Jamuna · · Score: 4, Interesting

    The developers asked too much money? Hasbro was too stingy? Hope they realize their mistake now and offer a decent price to the brothers who developed scrablous.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:Why didn't they just buy scrablous? by TheRealMindChild · · Score: 4, Insightful

      Not that I back Hasbro, but purchasing the alleged "illegal copy" of their game would have sent the message "Copy our game and do a better job than us, and we will pay you for it rather than prosecuting you"

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    2. Re:Why didn't they just buy scrablous? by Reverend528 · · Score: 4, Funny

      "Copy our game and do a better job than us, and we will pay you for it rather than making asses of ourselves"

      Fixed that for you.

    3. Re:Why didn't they just buy scrablous? by PFI_Optix · · Score: 4, Insightful

      Why not? Isn't that how most small-time inventors get noticed by big companies...either developing a new product or improving an existing one?

      A couple of college student can't approach Hasbro and say "We've got a great idea for an online version of Scrabble...will you let us make it?" Hasbro will laugh them out the doors. But when they execute it well and have a massive fan base, why would Hasbro NOT want to cash in on what is already there and developed?

      --
      120 characters for a sig? That's bloody useless.
    4. Re:Why didn't they just buy scrablous? by jedidiah · · Score: 5, Interesting

      It's a crossword puzzle!

      It's older than your grandpa.

      There's nothing to "rip off".

      The only thing left that's not public domain is the name.

      This is why there are monopoly knockoffs. Their patent
      on a PD game invented by the Quakers expired a long
      time ago.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    5. Re:Why didn't they just buy scrablous? by LighterShadeOfBlack · · Score: 4, Interesting

      Not that I back Hasbro, but purchasing the alleged "illegal copy" of their game would have sent the message "Copy our game and do a better job than us, and we will pay you for it rather than prosecuting you"

      And if it ultimately makes Hasbro a shitload of money from the deal what's wrong with that? Another way of putting it would be "Make something profitable and enjoyable from our IP and we'll deal with you so that everybody wins". Hasbro's chosen course of action is either a poor business decision or plain spite.

      --
      Spelling mistakes, grammatical errors, and stupid comments are intentional.
    6. Re:Why didn't they just buy scrablous? by kithrup · · Score: 4, Informative

      The only thing left that's not public domain is the name.

      And the layout -- in particular, I suspect that the bonus spaces are the most copyrightable aspect. (There was something, a couple of months ago, that discussed the copyrightability, to make up a word, of game rules. But a quick search couldn't find it.)

      While I don't use Facebook, I did see the version of Scrabble up for the iPhone... and at ten dollars, I considered it too much money.

    7. Re:Why didn't they just buy scrablous? by hansonc · · Score: 5, Informative

      From what I understand Hasbro did offer to buy scrabulous and the developers wanted "fuck you money" for it rather than taking what they were offered and thanking Hasbro for not suing them for an obvious trademark infringement.

    8. Re:Why didn't they just buy scrablous? by fumblebruschi · · Score: 4, Insightful

      Not that I back Hasbro, but purchasing the alleged "illegal copy" of their game would have sent the message "Copy our game and do a better job than us, and we will pay you for it rather than prosecuting you"

      Also known as "Do our R & D for us for free, and we'll give you money if you come up with something really good." That's I message I wouldn't just send, I'd broadcast it at top volume.

    9. Re:Why didn't they just buy scrablous? by jc42 · · Score: 4, Insightful

      [P]urchasing the alleged "illegal copy" of their game would have sent the message "Copy our game and do a better job than us, and we will pay you for it rather than prosecuting you"

      Well, consider that the US Constitution says that patent and copyright laws are to "promote the Progress of Science and useful Arts", and doing a better job than Hasbro would certainly satisfy the "promote the Progress" part, I'd think that's what the Constitution's authors intended.

      Of course, you could question the "useful" part when the issue is a game like Scrabble. But that would be petty, wouldn't it?

      Still, I'd think that if someone copies a commercial product and improves on it, the laws should support the people who did the improving. Maybe impose some sort of "mechanical license" between the two parties, as is done with with some performances of music, giving both parties a standard portion of the profits.

      We've had a problem from the very beginning of patent and copyright, that the owner can (and usually does) use the law to block further progress. If we really want that Progress that the Constitution promised us, we need laws that prevent things like what Hasbro has just done, and what many others have done before them.

      Of course, in this case it's primarily a trademark issue. So it'll be interesting to see how Hasbro reacts to a re-release of Scrabulous under another name that doesn't sound like a derivative of Scrabble.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  2. As much as I am against IP law by Jafafa+Hots · · Score: 5, Interesting
    if they had just changed the name and maybe the colors, problem solved - they would not have been shut down, and no users would have left.

    The Boggle clone changed its name, and its still up. There have been perfectly legal scrabble clone games published since the 1940s. I have some in my collection of antique toys and games. All you have to do is not use the trademarked name.

    --
    This space available.
    1. Re:As much as I am against IP law by steelfood · · Score: 4, Interesting

      Yes, this is a trademark issue. As it is, Hasbro does have to protect their "Scrabble" trademark if they want to keep it. There are better and worse ways of doing so through, and I'm pretty sure this isn't one of the better ways.

      The timing of the matter is a little suspicious if trademark was the focus of the suit. IANAL, but since Hasbro didn't have any competing product in Facebook until the lawsuit, I think the Scrabulous guys can get away with not paying much damages if they quickly changed their name to something entirely unrelated and re-released it. After all, it's not like they outright called their product "Scrabble."

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
  3. If the Scrabulous people have any pride... by Lilith's+Heart-shape · · Score: 5, Insightful

    If the people behind Scrabulous have any pride, they'll tell Hasbro to go fuck themselves. They did a better Scrabble than Scrabble, and rather than compete, Hasbro turned to the law.

    1. Re:If the Scrabulous people have any pride... by PFI_Optix · · Score: 5, Insightful

      Hasbro would have done a lot better to do something like this:

      "We'll give you an endorsement and let you use the Scrabble logo and *not take legal action* if you will maintain certain standards and give us a cut of your advertising profits as a licensing fee."

      And then negotiate as fair a deal as both parties can agree upon.

      This is where modern copyright litigation really fails these companies: they're so quick to shut down anyone who might potentially be stepping into their IP, they're passing up really amazing opportunities at making use of their innovation. If these guys can do Scrabble so well, why not encourage them to do other Hasbro games in a way that makes Hasbro money?

      --
      120 characters for a sig? That's bloody useless.
    2. Re:If the Scrabulous people have any pride... by elrous0 · · Score: 4, Insightful

      Most of Hasbro's board is so old they probably have to have oxygen tents built into the boardroom. It's unlikely that the leadership there even knows how to turn on a computer, much less understands the significance of an argument about how web 2.0 apps are changing the business landscape. We're talking a company that still specializes in *board games*. You'd be about as lucky lecturing a buggy whip company on the potential of the horseless carriage.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    3. Re:If the Scrabulous people have any pride... by Anonymous Coward · · Score: 5, Insightful

      This is where modern copyright litigation really fails these companies: they're so quick to shut down anyone who might potentially be stepping into their IP, they're passing up really amazing opportunities at making use of their innovation.

      This has nothing to do with litigation or the law. That's a business decision of shooting themselves in the foot.

      However, in a free country, a business is entitled to shoot themselves in the foot. They can even choose which foot.

    4. Re:If the Scrabulous people have any pride... by AP31R0N · · Score: 5, Insightful

      Isn't Scrabble still under copyright? If it isn't in the public domain, and Scrabulous is a clone of Scrabble (which it is AFAICT), they have every right in the world to sue. They even took advantage of Scrabble's popularity by giving it a name that was similar. This appears to be no different than selling Leevi Jeens with the classic rivets.

      --
      Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
    5. Re:If the Scrabulous people have any pride... by philspear · · Score: 4, Funny

      Pride goeth before the fall. And that's what this is: hasboro saying "Mine! My game! Not yours! I do with it what I want! You dint ask purmissin!"

    6. Re:If the Scrabulous people have any pride... by LargeWu · · Score: 5, Interesting

      I do not have a reference for this other than hearsay, but from what I understand, Hasbro did indeed try to enter into some sort of licensing agreement with these guys, and they declined. Apparently the Scrabulous guys wanted millions, when in fact they should have been paying Hasbro. I know companies are *required* to defend their trademarks against infringement, otherwise they become generic terms and they lose them. Not sure if that works for copyrights as well. So basically, although I'm not happy about it, Hasbro had no other options left but to shut Scrabulous down. They certainly could have handled the situation better though - better transparency, having their own client be ready for prime time, etc.

    7. Re:If the Scrabulous people have any pride... by The+FNP · · Score: 5, Funny

      No, the whip company is finding many new potential sources of revenue on the web.

      --The FNP

    8. Re:If the Scrabulous people have any pride... by Relic+of+the+Future · · Score: 5, Interesting
      And what, pray tell, is wrong with board games? I like board games, I've spent a lot of money on board games. Before Japanese-styled cartoons caught on, it was considered that "cartoons are for kids"; and German-style board games are fighting the same "for kids" hurdles in the same way anime did for cartoons (by being AWESOME.) Seriously, at least try Settlers of Catan before you knock on board games (it's like the Ninja Scroll of board games; for some reason, it's often the first thing people try, and it gets them interested in trying more things.)

      ANYWAY, enough of that rant.

      Yes, Hasbro has made a lot of mistakes when it comes to computer entertainment (buying and selling Microprose and Atari; selling away and then buying back digital rights to most of their properties (including Scrabble and Dungons&Dragons)). Add this craptacular version of Scrabble to the pile (and a hefty amount of blame goes to EA too!)

      Point being, Hasbro hardly fits the mold of "buggy whip company". They keep trying new things, and yes, lots of them fail. But hey, they could have shut down Scrabulous before they had their replacement ready, so they could have shot themselves in the foot worse.

      I am opposed to the actions Hasbro has taken in this. Regretably, they are acting entirely within the law.

      --
      Those who fail to understand communication protocols, are doomed to repeat them over port 80.
    9. Re:If the Scrabulous people have any pride... by Dancindan84 · · Score: 4, Interesting
      I sent them an email through their customer service email form:

      Hello, Your online version of scrabble is horribly done. It takes as long as a couple minutes to load a game and doesn't have the features that Scrabulous did such as a notepad and even the SOWPODS word list. I can understand wanting to protect your intellectual property, but Scrabulous revived Scrabble in the hearts of many people (some of which I'm sure purchased the board game due solely to their efforts). Instead of working with them to create a truly great official online Scrabble, you've sued them off the net and tried to take their place with a shoddy 2nd rate alternative. That shows a greedy, broken business model that values lawyers over ingenuity. I will be boycotting Scrabble and Hasbro over this fiasco. I truly hope that Hasbro's image suffers because of this. Regards, Dan L

      It's available here.

      The boycott may not actually do anything, but I try to talk with my wallet in situations like this where I'm disappointed in a company. The lawyers over common sense theme seems to come up more and more often these days and I'm sick of it.

      --
      "Always forgive your enemies; nothing annoys them so much." - Oscar Wilde
  4. Facebook is not the Internet by joabj · · Score: 5, Informative

    The Web-based version of Scrabulous seems to be working just fine.

    1. Re:Facebook is not the Internet by Dekortage · · Score: 4, Informative

      Give it time. It appears to be hosted in Texas at ThePlanet.com... we'll see how long they take to pull the server.

      --
      $nice = $webHosting + $domainNames + $sslCerts
    2. Re:Facebook is not the Internet by dpilot · · Score: 4, Insightful

      My daughter is in college and is an avid Facebook user.

      She also has been playing Scrabble, or is it Scrabulous, for months now. She typically has 2 or 3 games going at once with different friends. If she has an idle minute or two, she'll get online and check how her games are going, whether it's her turn yet, etc.

      Most of her Scrabble/Scrabulous activity is of the instant sort, the got-a-free-minute type. If the game doesn't come up in seconds, if it takes minutes to start, what's the point. She didn't have that much time right then, anyway.

      Sometimes speed really is of the essence, even in a non-FPS.

      --
      The living have better things to do than to continue hating the dead.
  5. Older than me! by sm62704 · · Score: 5, Insightful

    We really REALLY need copyright reform. I'm 56 years old. Nothing ever created in my lifetime will reach the public domain while I still breathe, and no matter how young you are nothing created in your lifetime will reach the public domain either. And as this Scabble thing shows, it stifles creativity. When Newton said "if I see farther than other men, it is because I stand on the shoulders of giants" (and he wasn't the first to say that), the same could be said of art.

    Where would engineering be if patents were endless, like copyrights are? Endless copyrights stifle creativity. Where would Disney be without the Brothers Grimm? And how can we convince our governments that they are hindering artistic progress?

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    1. Re:Older than me! by eln · · Score: 5, Funny

      When Newton said "if I see farther than other men, it is because I stand on the shoulders of giants" (and he wasn't the first to say that)

      I totally agree. Someone really should have sued Newton for copyright infringement for that quote.

    2. Re:Older than me! by Anonymous Coward · · Score: 5, Informative

      And yet this has absolutely NOTHING to do with copyright. This is all about TRADEMARK. And no, trademarks were never meant to expire, nor should they. If you want to go on a rant, you should at least have a basic grasp of what you're talking about.

    3. Re:Older than me! by Minwee · · Score: 5, Insightful

      And yet that darn pesky article seems to think otherwise.

      Hasbro also asked Facebook to remove the game for violating copyright law under the Digital Millennium Copyright Act.

      Which is it? If it is a trademark then the DMCA does not apply. The 'C' doesn't stand for 'Trademark'. And if they are claiming that this is a copyright violation then they are on pretty thin legal ice as there isn't a lot about the game which is copyrightable.

      So which is it? Copyright or trademark? Has Hasbro engaged in perjury by issuing a DMCA takedown notice over a trademark dispute, or are they pursuing an unwinnable copyright case?

  6. So countersue! by Thelasko · · Score: 4, Interesting

    I doubt the creators of Scrabulous had the foresight to patent their invention of "method to play the board game Scrabble using information technology," but if they did, they would have an awesome countersuit. Would the courts rule in favor of trademark or patent?

    --
    One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
  7. yahoo literati by circletimessquare · · Score: 4, Informative

    http://games.yahoo.com/lt

    (you need a yahoo login)

    totally free. huge regular user base in all skill levels. you get to keep track of your score/ rank over many thousands of games. there are different servers for different skill levels

    its a java app. i've had problems with it freezing on ie (so you lose a match and it hurts your overall standing), but it works fine in firefox. you can play time limit games, challenge spelling games, etc.

    there are some quirks and minor complaints, griping about the dictionary of course being the biggest, as usual, but by and large i'm very satisfied by the player population and the overall challenge and the easy in/ easy out/ waste 20 minutes nature of play

    you frequently encounter players with thousands of games under their belt, and you can check if their win/ loss ratio is suspect or their abandoned games count is suspect (meaning: they jettisoned games in the first few seconds before it hurt their score if they don't like their initial tiles, which is really lame). as for the players with the weird win/loss ratios: i don't understand why someone would cheat at such a frivolous nonmonetary past time, but you encounter such players way more than you would think. i don't get it. is someone designing bots for a CS class? is someone so interested in winning over enjoying themselves? i don't understand it

    of course, it's not 100% scrabble, but how it departs from scrabble, such as pseudorandom letter tiles (chosen at the beginning of the game and fixed but from a much larger pool of tiles) is interesting. so some games are brutal because of a bunch of Cs, Is, and Us, and the next game might be surprising because of a surfeit of Js and Zs

    i'm very happy with literati for wasting 20 minutes here and there

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  8. Re:same old story by zehaeva · · Score: 5, Insightful

    This is a Trademark issue, not a copying issue. GE profits on a name that is ancient, so does AT&T. Scrabulous is just too close to Scrabble as far as a brand name goes.

  9. Re:How does this matter? by raju1kabir · · Score: 4, Insightful

    There are still plenty of us who don't really care about myspace / facebook. Not every person on the internet is on one (or both) of those. I don't see why this article justifies front-page status.

    I don't see a single article on the front page that affects everyone.

    Your post strikes me as a lame excuse for trumpeting your awesome coolness for not using Facebook or Myspace. Consider your awesome coolness recognized, now leave us alone to talk about things that affect many thousands of people.

    --
    "Patriotism is your conviction that this country is superior to all other countries because you were born in it." -- GBS
  10. You're doing it wrong. by Lilith's+Heart-shape · · Score: 5, Funny

    If these guys can do Scrabble so well, why not encourage them to do other Hasbro games in a way that makes Hasbro money?

    Stop making sense.

    1. Re:You're doing it wrong. by digitrev · · Score: 4, Funny

      David Byrne, is that you?

      --
      Cynical Idealist
    2. Re:You're doing it wrong. by Anonymous Coward · · Score: 5, Funny

      David Byrne, is that you?

      I ran in to David Byrne just the other day. He's same as he ever was ... same as he ever was ...

  11. Re:Sixty Years Old?! by Spy+der+Mann · · Score: 4, Funny

    Chessulous? Pokulous?

    Pikachulous! I choose you!!

  12. Re:How does this not matter? by bigstrat2003 · · Score: 4, Insightful

    I haven't seen slashdot.org load as "Slashdot: social networking site reviews for nerds", which is what this article would be better classified as.

    That's bull. This has exactly zero to do with Facebook, if you pay attention. This is about a cool game getting shut down by an overzealous trademark holder... in other words, exactly sort of thing /. likes to discuss.

    --
    "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
  13. Re:same old story by BronsCon · · Score: 5, Funny

    HIV. It's about as active as scrabble and gets just about as much attention from the general populace. A ton of people have it but nobody really talks about it anymore.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  14. Re:dumb idea. by Angostura · · Score: 5, Insightful

    And they still try and extort money from it? For fucks sake.

    Yes, well that's because the Trademark still has value. Why should the Scrabulous guys leech off the marketing millions that Hasbro pumped in over the years. If Scrabulous was good enough on its own terms to succeed without trademark leeching, they should have just called it something else: they would have succeeded irrespective.

  15. Re:What was the basis of the lawsuit? by gnick · · Score: 4, Informative

    The bit I haven't yet deciphered (I have RTFA, but it didn't really help) is what exactly the lawsuit claims. It says that it's filed under the DMCA, but not what exactly Hasbro are claiming copyright on. Is a game concept copyrightable? If not, can Scrabulous just remove whatever little bit it is that they are claiming on?

    They're not claiming copyright on anything if I understand correctly.

    They're claiming trademark infringement. It's likely that if Scrabulous changed its name and perhaps trivially tweaked the gameplay, Hasbro would just bugger off. There are plenty of knock-offs of popular games, they're just renamed and re-themed.

    --
    He's getting rather old, but he's a good mouse.
  16. Milking their cash ponies by Jabbrwokk · · Score: 5, Insightful

    Most of Hasbro's board is so old they probably have to have oxygen tents built into the boardroom.

    That made me laugh out loud.

    And it's so true. Hasbro is living in the 1980s, still trying to make money off GIJoe and My Little Pony.

    They don't have enough tiles to make the word "innovate."

  17. Everyone is missing the obvious by morgan_greywolf · · Score: 4, Interesting

    The Scrabble IP isn't owned by Hasbro -- they use it under license from a Mattel subsidiary that owns it. They are probably contractually obligated to 'zealously defend' that IP.

  18. Re:Slashdot filters need revision! by CastrTroy · · Score: 5, Insightful

    We have quite a few board games in our house. We also have video games. They are both fun in their own respects. The nice thing about board games is so little development costs. They created over 60 years ago, and are still selling it for $15 for the basic, and $45 for the deluxe version (prices from Amazon). It is risky starting out, but once you have something popular it's easy to put out the same product year after year and rake in the money.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  19. Re:Slashdot filters need revision! by twistedsymphony · · Score: 5, Interesting

    board games are still quite relevant.

    Every Friday I get together with a half dozen or so friends and we play card games board games or whatever. If you're playing with more than one other person the fun level of video games drops dramatically since a majority of the players become spectators. Most video games these days don't even offer very good multiplayer modes unless you're playing online, which is useless for local play. There are obvious exceptions but rock band and wii sports don't offer very high levels of intellect, where many board games do.

    The most common game played on "Game night" is Killer Bunnies, not a "board game" exactly, but the same spirit.

  20. Re:Slashdot filters need revision! by ottothecow · · Score: 4, Insightful
    What interests me in this development is that Hasbro barely even seems to think that board games are relevant. Scrabulous seems to have proven that the board game itself could be exciting--it was a simple no-nonsense application. It had the board, some rules checking, some player interaction and a few handy features to make online play more fluid (like a notepad since it could often be days between moves and you might forget some ideas you had).

    Hasbro seems to be rejecting the idea that anyone would want to just play the damn game. Clearly people would rather see 3d tiles float around than be able to place them quickly and easily in order to enjoy the game itself.

    --
    Bottles.
  21. Re:House-Hold Name? by Haeleth · · Score: 4, Insightful

    I thaught the power of a trademark was diminished once it became so common that the average person used it to referance anything similar to it.

    It is.

    I think scrabble ranks up there with xerox,kleenex and aspirin.

    Xerox? Generic name for any photocopier. Kleenex? Generic name for any paper handkerchief. Aspirin? Generic name for any painkiller with acetylsalicylic acid as its active ingredient.

    Scrabble? Um, highly specific name for a single board game made exclusively by two companies. The average person wouldn't refer to any other board game as "a scrabble", even if it involved making words with tiles.

  22. What Scrabulous did makes no sense by belmolis · · Score: 4, Interesting

    I don't understand why the Scrabulous folks took an approach that virtually guaranteed that they would be shut down. The rules of the game are not subject to copyright or any other restriction, so anybody can make a Scrabble-like game. The name itself is trade-marked, and the board artwork is copyrighted. That means that all you have to do to be free of IP restrictions is use a clearly distinct name and different artwork. It would not have been difficult to avoid legal problems. Why they didn't is beyond me.